Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 8, Rule 1 -- Appeal - Closure of right to file written statement - Same has direct effect on defendant if his reply is not to be considered - Impugned order can be termed as intermediary or interlocutory order - Defendant has remedy of filing an appeal u/s 19(1) of the Act of 1984...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of stranger/third party - Stranger cannot be impleaded in the suit in order to support contesting defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - To claim right against co-defendant - Not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Petitioners wanted to claim their rights against co-defendant/State, which was not permissible - They failed to point out as to how their presence is necessary for complete and final decision on the question involved in the proceedings - Even, petitioner could not point any legal injury which he..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - `Issue' means a point in question at the conclusion of pleading between contending parties in an action and issues are to be framed in respect of only of those facts which have been alleged by one party and either denied or not admitted by the other party and duty of framing issues primarily rests on Court but such..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........
Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed despite grant of several opportunities - Taking written statement on record not opposed by plaintiffs - One opportunity granted to file written statement subject to payment of Rs.15,000/- as costs...........
Civil Procedure Code, 1908, Order 24, Rule 1, Civil Procedure Code, 1908, Order 38, Rule 5 -- Amount/bank guarantee deposited in pursuance of O.38.R.5 CPC cannot be treated to be one U.O.24.R.1 CPC...........